·       全体担保房契 contains the strongest and broadest form of guarantee of title of any type of deed and therefore provides the greatest protection to the grantee. The general warranty deed usually contains 6 covenants (binding agreements). Exact wording of the covenants may vary

o      Covenant of Warranty

§       "Will warrant and defend the title to the grantee against the lawful claims of all persons whomsoever." The covenant of warranty is the most important of all covenants

§       If the covenant of warranty is broken, a grantee may recover from the seller any financial loss up to the price paid for the property.

o      Covenant of Seisin

§       "Grantor covenants that he/she is seised of said premises in fee." This covenant provides an assurance to the grantee that the grantor holds the title that he or she specified in the deed that he or she is conveying to the grantee

§       If the covenant of seisin the covenant of warranty is broken, a grantee may recover from the seller any financial loss up to the price paidfor the property.

o      Covenant of Right to Convey

§       Typically reads: "and has the right to convey the same in fee simple." By this covenant, the grantor provides an assurance to the grantee that the grantor has legal capacity to convey the title and also has the title to convey

§       If the covenant of right to convey is broken, a grantee may recover from the seller any financial loss up to the price paid for the property.

o      Covenant Against Encumbrances

§       "Said premises are free from encumbrances (with exceptions above stated, if any)." The grantor assures the grantee that there are no encumbrances against the title except those set forth in the deed itself.

§       If the covenant against encumbrances is broken, the grantee may recover from the grantor any expenses incurred to pay off the encumbrance. The amount the grantee may recover in this case also is limited to the price paid for the property

o      Covenant of Quiet Enjoyment

§       "The grantee, his or her heirs and assigns, shall quietly and peaceably have, hold, use, possess, and enjoy the premises." This covenant is an assurance by the grantor to the grantee that the grantee shall have quiet possession and enjoyment of the property being conveyed and will not be disturbed in the use and enjoyment of the property because of a defect in the title being conveyed by the grantor

§       The covenant of quiet enjoyment is not considered to be broken unless the grantee is actually dispossessed of the property. The mere threat or assertion of a claim by another party to some right in the property does not constitute a breach of the covenant of quiet enjoyment. In the case of dispossession, the grantee may recover from the grantor an amount up to the price paid for the property.

o      Covenant for Further Assurances

§       "That he or she (grantor) will execute such further assurances as may be reasonable or necessary to perfect the title in the grantee." Under this covenant, the grantor must perform any acts necessary to correct any defect in the title being conveyed and any errors or deficiencies in the deed itself.

§       The covenant for further assurances is not broken until the grantee has to execute some instrument to perfect the grantee's title. Neither the covenant of quiet enjoyment nor the covenant of warranty is broken until the grantee actually is evicted from the property by someone holding a superior title.

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